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HomeMy WebLinkAbout2016-688-E Health - CHCCS to provide afterschool tutoring to Northside Elem. students DocuSign Envelope ID:E4E01E48-2996-4D82-BC63-CF23EF83259D [Departmental Use Only] TITLE CHCCS-NSide Learning FY 2016-2017 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1 t day of December, 2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part; and Chapel Hill Carrboro City Schools (the "Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: To support resources for Chapel Hill Carrboro City Schools to provide an after school tutoring program for (10) Family Success Alliance (FSA) 4`" and 5`" grade students who are below or far below grade level according to the beginning of the year mClass assessment and attending Northside Elementary. See Exhibit A "Scope of Services for Northside Elementary After School 2016-2017 program for the Family Success Alliance" which is attached and hereby incorporated by reference. The term of this agreement rendered shall be from 12/1/16 to 6/1/17. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Two Thousand Four Hundred Eighty Four dollars, ($2,484). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. Revised 6/16 1 DocuSign Envelope ID:E4E01E48-2996-4D82-BC63-CF23EF83259D 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to the Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory Revised 6/16 2 DocuSign Envelope ID:E4E01E48-2996-4D82-BC63-CF23EF83259D mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 6/16 3 DocuSign Envelope ID:E4E01E48-2996-4D82-BC63-CF23EF83259D IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. O• , ,. z.t S. . TTY PR py Wed by: I�btn,�u� ti-amwte-rStu ,61)AAGs F. (,auA•Ski By: (16179Q4R755F477 BV' • R2RC:7R8.7sF744UR County Manager Title: Interim Superintendent 200 S. Cameron St. Chapel Hill Carrboro City Schools P.O. Box 8181 750 S. Merritt Mill Road Hillsborough,NC 27278 Chapel Hill, NC 27516 Revised 6/16 4 DocuSign Envelope ID:E4E01E48-2996-4D82-BC63-CF23EF83259D Exhibit A Scope of Services for Northside Elementary After School 2016-2017 program for the Family Success Alliance Purpose: Program support resources for Northside Elementary to provide after school programming for 4th and 5th grade students attending New Hope Elementary, a zone 6 school. Budget: $2,483.86 • Funds will be used for teacher salaries for the program and instructional materials. Program Services: • Provide after school tutoring for up to (10) 4th and 5th grade students at Northside Elementary who are below or far below grade level according to the beginning of the year mClass assessment. • This proposal is for teachers to meet with small groups (up to 5 students) two afternoons a week, after school, for a minimum of 45 minutes each session for twelve weeks. • There will be two teachers. Each teacher will be compensated for one hour of teaching per day and one hour of planning for the week (for a total of 3 hours per week). • Teachers who are familiar with the Just Words program and Fundations will teach the groups of students. • The ESL teacher, Nancy Hilburn, will coordinate the program by finding the teachers, facilitating pay, communicating with parents, collecting data, and providing feedback to the funders. Outcomes • The growth students make will be measured by the CORE Phonics Assessment (http://www.sepia.asia/wp-content/uploads/2011/02/CORE-Phonics-Survey- Scholastic.pdf) at the beginning and end of the program to measure success in addressing weaknesses in phonological and phonemic skills, and mClass at the middle and end of the year. • This intensive after school program is intended to fill gaps that currently exist in the reading skills of fourth and fifth grade students at Northside Elementary School. With the implementation of Fundations at this year's third grade class level, and the work done in the proposed program, it is our goal that the need for this level of intense instruction to strengthen our students' decoding and encoding skills will not be necessary in the future. The impact of this program will be to develop stronger readers who can read grade level material to learn what they are expected to learn. The impact will be life-long. 1